Employment-Based Immigration Visas
Employment Based>
U.S. Employment-Based Green Cards and Visas Overview
Employment-based immigration allows foreign nationals to obtain legal permanent residence in the U.S. based on job offers, exceptional abilities, or investments. Whether you're a multinational executive, scientist, or skilled worker, our team at Canero Fadul Reis Law helps you navigate every step of the employment-based immigration process.
Employment Visa Categories We Handle
EB-1: First Preference – Priority Workers
EB-1A: Extraordinary Ability
For individuals with extraordinary ability in sciences, arts, education, business, or athletics. No job offer or labor certification required.
EB-1B: Outstanding Professors and Researchers
Requires international recognition, at least 3 years of experience, and an offer for a tenured or comparable research/teaching position.
EB-1C: Multinational Managers and Executives
For executives or managers transferred to a U.S. branch of the same employer.
EB-2 (PERM): Advanced Degree & Exceptional Ability
Typically for professionals with a U.S. master’s (or bachelor’s + five years) or those with exceptional ability in the sciences, arts, or business. Most EB-2 cases require a bona fide job offer and PERM to confirm there are no qualified, willing, and available U.S. workers at the prevailing wage. We guide employers through wage determination, recruitment, and compliance to protect timing and case integrity.
EB-2 NIW: National Interest Waiver
NIW permits eligible applicants to forgo a job offer and PERM when their proposed endeavor has national importance, they are well positioned to advance it, and—on balance—it benefits the U.S. to grant the waiver. Strong NIW filings connect past impact to a credible future plan with broad U.S. benefits, supported by authoritative expert testimony and objective indicators.
Employment-Based Green Card Labor Certification (PERM)
A very important step in almost every employment-based green card process is to have an employer obtain a PERM Labor Certification on your behalf. This is a procedure that involves having your employer go through an extensive recruitment process in order to ensure that you are not displacing any qualified U.S. workers.
Your employer will first need to file to have the prevailing wage for your position determined according to the location and others that are similarly employed. Once that determination is received, your employer will need to run three kinds of advertisements:
• Job order: this must run for at least thirty days.
• Newspaper ads: this must be in a high-circulation paper on two separate Sundays.
• If professional position, three additional advertisements posted in areas like the internet, radio, or college campuses.
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After the ads have run their course, thirty days must be given for potential applicants to respond. During this time, your employer must consider the qualified candidates and give reasons for rejecting each one.
If no candidates take the position, then your employer must file an ETA-9089 form with the Department of Labor. During this step, there is always the possibility that your employer will be audited either randomly or through targeted process.
Once the ETA-9089 is approved and the PERM Labor Certification received, you can begin the petitioning process for your employment-based green card.
Keep in mind that the PERM is not required for EB-1 green cards as well as the EB-2 National Interest Waiver.
EB-3 (PERM): Skilled Workers, Professionals & Other Workers
Covers three cohorts: skilled workers (≥2 years of experience), professionals (bachelor’s degree or equivalent), and other workers (<2 years). These cases generally require PERM and a permanent, full-time job offer at the prevailing wage. Because demand and backlogs vary by category and country of chargeability, we plan sequencing and expectations transparently from day one.
EB-4: Special Immigrants
Aggregates several statutory groups, including certain religious workers and other designated classifications. Eligibility turns on narrowly defined criteria and documentation unique to each subcategory. We analyze threshold requirements, advise on feasibility, and assemble evidence to satisfy both the statute and adjudicatory practice.
EB-5: Immigrant Investors
Grants permanent residence based on a qualifying capital investment in a U.S. commercial enterprise that creates (or, where permitted, preserves) jobs. Successful filings hinge on credible source-of-funds documentation, compliant corporate structuring, and a job-creation methodology aligned with program rules. We coordinate with financial and corporate advisors to deliver an audit-ready record.
PROCESS & TIMING
Process Essentials
PERM Labor Certification (when required)
PERM is employer-driven: prevailing wage determination, definition of minimum requirements, and good-faith recruitment to test the labor market. A well-planned PERM minimizes audit risk and aligns the role with the beneficiary’s credentials. Where PERM does not apply (e.g., EB-1A or NIW), we pivot to the evidence-heavy approach those categories demand.
USCIS Petition & Case Processing
After PERM (if required), the petitioner files Form I-140 with USCIS—self-petition in EB-1A/NIW when applicable. Next comes Adjustment of Status in the U.S. or Consular Processing abroad, depending on eligibility and travel needs. Premium Processing can expedite many I-140 decisions, which we use strategically to balance speed, cost, and downstream timing.
Numerical Limits, Priority Dates & the Visa Bulletin
Annual visa limits and per-country caps can produce queues that vary by category and nationality. The Department of State’s Visa Bulletin indicates when a priority date is “current,” governing the ability to file AOS or complete consular steps. We monitor movements and leverage concurrent filing and ancillary benefits when available.
Schedule A Occupations
Certain shortage occupations (Registered Nurses) are pre-certified by DOL, streamlining portions of the PERM process. We confirm eligibility and apply the appropriate evidentiary strategy.
EVIDENCE & SUPPORT
Evidence & Documentation (What We Prepare With You)
We organize a standards-driven record: diplomas, evaluations, licenses, experience letters; employer letters and detailed job descriptions; ability-to-pay and wage compliance; publications, citations, awards, patents, leadership, or other indicators of merit (especially crucial in EB-1A/NIW); and, for EB-5, source of funds, structure, and job-creation methodology. Each category demands tailored evidence; we build the file to withstand scrutiny.
WHY CFR LAW?
We provide practical, rigorous, and candid counsel. Our attorneys evaluate eligibility across categories, architect the evidence, manage PERM and petition filings, and respond decisively to RFEs/NOIDs. Throughout the matter you receive clear timelines, proactive updates, and coordinated support—whether proceeding by Adjustment of Status or Consular Processing. Service available in English, Español & Português.
Start Your Employment-Based Case
Considering EB-1, EB-2 (including NIW), EB-3, EB-4, or EB-5? Our Miami team will help you choose the right path and move forward with confidence. Book a consultation to discuss eligibility, evidence, and timing for your employment-based immigration goals.